Office of Residence Life Service Animal Procedure

Transcription

1 Office of Residence Life Service Animal Procedure Content: I. Procedure Statement 1 II. Definitions 1 III. Requesting a Service Animal 2 IV. Animal Health & Well-being 3 V. Conflicting Health Conditions & Aversions 3 VI. Rules & Responsibilities of Handlers 3 VII. Roommate Rights 5 VIII. Location Restrictions 5 IX. Removal of Animal: Procedure & Process 5 X. Inquiries Regarding Service Animals 6 XI. Appeals 6 XII. Agreements 7 Page: I. Procedure Statement The Office of Residence Life at Southeast Missouri State University to comply with Section 504 of the Rehabilitation Act, the Americans with Disabilities Act and amendments made on March 15, 2011 to the regulations for Titles II and III of the ADA limitations to the definition of Service Animal to include ONLY dogs which further defines Service Animal to exclude emotional support animals. The Office of Residence Life adheres to the Fair Housing standards of ADA definitions of Service Animals and other applicable federal and state regulations that prohibit discrimination on the basis of disability. The Office of Residence Life is committed to providing equal access to students with qualifying disabilities. In keeping with this obligation, Service Animals are permitted in all areas of the University in accordance with the University Animal Control policy ( This procedure includes the procedures for requesting the need for a Service Animal and the responsibilities of the student(s) who have Service Animals in the residence halls or on campus at Southeast Missouri State University. * Certain areas of campus may be considered restricted. Refer to section VIII for more detailed explanations. II. Definitions Disability: with respect to an individual: (A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment (U.S. Code, Title 42, Chapter 126, 12102). Page 1

2 Handler: A person with a disability that a Service Animal assists or a personal care attendant who handles the animal for a person with a disability. Service Animal: Any dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability and meets the definition of Service Animal under the Americans with Disabilities Act ( ADA ) regulations at 28 CFR The work or tasks performed must be directly related to the individual s disability. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service Animals are working animals, not pets. The work or task a Service Animal has been trained to provide must be directly related to the person s disability. Revised in 2010, Titles II & III in the ADA regulations outline that animals whose sole function is to provide comfort or emotional support do not qualify as Service Animals under the ADA. Emotional Support Animal (ESA): An animal providing emotional or other support to improve one or more identified symptoms or effects of a disability. Emotional Support Animals are not required to be trained to perform work or tasks and can be species other than dogs. Pet: An animal kept for ordinary use and companionship. A pet is not considered an Emotional Support Animal or a Service Animal. Pets, other than fish, are not permitted in on-campus housing at any time. See University Business Policy and Procedures Manual On-Campus Housing: Any facility owned or operated by the University for the purpose of housing students, regardless of location. III. Requesting a Service Animal Verification for Service Animal. Students who utilize a Service Animal should contact the Office of Disability Services via , ds@semo.edu, or by phone, to meet and discuss the request. Requests must be submitted annually or for each new housing contract period. Service Animal Documentation. An owner or handler of a Service Animal must comply with all state laws, local licensure and vaccination requirements, and University regulations. All trainers accompanied by an assistance dog must have in their personal possession identification verifying they are trainers of assistance dogs. Confirmation. Once the Office of Disability Services receives any required documentation, the case will be noted as verified and Disability Services will then communicate with the Office of Residence Life. The student notifying the University that they utilize a Service Animal and are requesting to live in on-campus housing will then sign the Service Animal Procedures Agreement form, acknowledging responsibility for the Service Animal. Please allow at least 3 business days for this process. Page 2

3 IV. Animal Health & Well-being Vaccination. Service Animals must be immunized against diseases common to that type of animal. All vaccinations must be current as required by the ordinances of the City of Cape Girardeau, which can be found in the City of Cape Girardeau General Animal Ordinances & the Regulation and Control of Dogs in Missouri Municipalities. Service Animals must have current vaccination against rabies and those vaccination records should be provided to the Office of Disability Services. Health: Service Animals must have an annual checkup from a licensed veterinarian. Documentation can be a vaccination certificate or a veterinarian s statement regarding the Service Animal s health. a. Animals that are in poor health should not be taken into public areas. In such cases, the University preserves the right/authority to direct the Service Animal to receive veterinary assistance. b. The Service Animal should have fresh water and appropriate food on a daily basis. Grooming: The animal must be well-groomed (per breed) and measures should be taken at all times for flea and odor control. University facilities and/or bathrooms cannot be used for animal bathing or grooming. Other: The Office of Disability Services may place other reasonable conditions or restrictions on a Service Animal depending on the nature and characteristics of the Service Animal. V. Conflicting Health Conditions & Aversions Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using Service Animals. When a person who is allergic to a Service Animal and a person who uses a Service Animal must spend time in the same room or facility, for example, in a school classroom, the Offices of Disability Services and Residence Life will work to provide reasonable accommodations for both by assigning one or the other, if possible, to different locations within the room or different rooms in the facility. (See section VII for further detail). VI. Rules & Responsibilities of Handlers Once the Office of Disability Services has approved the Service Animal, the Handler must abide by the following rules and responsibilities. Failure to abide by the Service Animal rules and responsibilities may lead to sanctions including removal of the Service Animal from on campus housing. a. The Handler must complete and submit to the Office of Disability Services the Request for a Service Animal Documentation Form and the Special Accommodation Request Form annually. b. The Handler agrees to abide by all other University policies. Any exceptions to the animal procedure made under this Service Animal Procedure does not constitute an exception to any other University policy. c. It is recommended, NOT required, that the Service Animal wear a vest or tag that identifies the animal as a working animal, while not disclosing disability. Page 3

4 d. The Handler is responsible for caring for and supervising the Service Animal, which includes toileting, feeding, and grooming and veterinary care. Covered entities are not obligated to supervise or otherwise care for a Service Animal. (See section IV) e. The Service Animal should be on a leash when not providing a needed service to the handler. f. The Service Animal should respond to voice or hand commands at all times, and be under full control of the handler. g. To the extent possible, the Service Animal should be unobtrusive to other individuals and the learning, living and working environment. h. To the extent possible, the handler should ensure that the animal does not do the following: 1. Sniff people, dining (or food production) tables or the personal belongings of others. 2. Display any behaviors or noises that are disruptive to others, unless part of the service being provided to the handler. 3. Block any aisle of passageway for fire egress. 4. Excessive grooming in public settings 5. Initiate contact with someone without the handler s direct permission. i. Service Animals must be house broken. j. The Handler is responsible for the Service Animal during a fire alarm or drill or natural disaster. k. Service Animals may not use University equipment for exercise. Service Animals may accompany their owner when using fitness equipment, however, Service Animals may not use equipment, including treadmills, for exercise. l. Service Animals are permitted in all campus dining locations, but may not be fed or eat food off the floor in those locations. m. Fecal matter deposited on University grounds or within the facilities must be removed immediately and disposed of in waste containers or dumpsters. The Handler is to arrange for immediate removal of fecal matter if unable to perform the task personally. n. The Handler s room may be inspected for fleas, ticks, pests, and/or damage to the residential facilities. The Office of Residence Life staff will conduct the inspection during the facilities checks twice a semester. The resident will be notified in advance of the inspections. If fleas, ticks, or other pests are detected through inspection, the residence hall will be treated using approved fumigation methods by a University-approved pest control service. The Handler will be held financially responsible for any direct expense related to necessary pest control treatment. o. The University may remove or require the removal of a Service Animal that poses a threat to the health or safety to others on campus, disrupts the educational environment of the University and/or residential community, or if the Handler does not comply with the Handler s rules and responsibilities for Service Animals. It is the responsibility of the Handler to ensure the Service Animal does not interfere with the quality of life of other residents on campus. This includes noise violations (e.g. barking, scratching or other disruptive noise). p. The Handler will be financially responsible for expenses incurred above a standard cleaning or for repairs to the residential premises, including losses, liability, claims, and harm to others caused by the Service Animal. q. The Handler will hold the University blameless in the event the Service Animal goes missing. University staff is not responsible for the retrieval of the Service Animal in the event the animal escapes or becomes lost. Page 4

5 VII. r. The Handler must notify Office of Disability Services in writing if the Service Animal is no longer needed. To replace a previously approved Service Animal, the handler must complete any related forms to the Office of Disability Services. Any Violation of these expectations may result in immediate removal of the Service Animal. Roommate Rights Roommates to those who handle Service Animals also have rights. Once it is known that your roommate handles a Service Animal, students will be notified by the Office of Residence Life or Disability Services. Some individuals may have allergic reactions substantial enough to qualify as disabilities. Southeast will consider the needs of both persons in meeting its obligations to reasonably accommodate all disabilities and resolve the problem as efficiently and expeditiously as possible. Students requesting allergy accommodations should contact the Office of Disability Services. Furthermore, if students have any safety concerns regarding the animal, they should contact the Offices of Disability Services or Residence Life. VIII. Location Restrictions As outlined in Q25 in the Exclusion of Service Animals section of the ADA regulations, the University may prohibit the use of Service Animals or animals in training in certain locations due to health or safety restrictions, where Service Animals may be in danger, or where their use may compromise the integrity of research or cause health issues. Restricted locations may include, but are not limited to: research laboratories, classrooms with demonstration/research animals, medical and veterinary surgical areas, certain health care areas, nuclear research areas, and food preparation areas. IX. Removal of Animal: Procedure a. The University may require the Handler remove the Service Animal from on-campus housing if the Handler of the Service Animal fails to comply with the expectations and Responsibilities in this procedure and other University policies. b. Should a Service Animal be removed from the premises for any reason, the Offices of Disability Services and Residence Life will work with the student to determine if another Service Animal will be obtained or if the student will need to be released from their housing obligations due to the removal of the Service Animal. c. If the Service Animal bites another person without provocation or demonstrates unprovoked aggressive behavior toward another person or animal (even if there is only a single occurrence of said behavior), Southeast Missouri State University reserves the right to require the Handler to remove the Service Animal. Removal of Animal: Process Once a Service Animal or Handler is in violation of Service Animal procedures, there is the possibility for judicial action. It is important to note that each incident is different and the outcome of the case will depend on the severity of the infraction. Repeat offenses will be considered and taken into Page 5

6 account when assigning sanctions. In some cases, the Handler will have hours to remove the Service Animal. The general process for an incident involving a Service Animal or handler is as follows: a. Incident b. Report of incident c. Meeting with conduct officer or residence life official d. Sanction/fine or action needed will be decided e. Sanction/fine fulfilled X. Inquiries Regarding Service Animals In general, the University will not ask about the nature or extent of a person s disability, but may make two inquires to determine whether or not the animal qualifies as a Service Animal. In situations where it is not obvious that the dog is a Service Animal, staff may ask only two specific questions: 1. Is the Service Animal required because of a disability? 2. What work or task has the Service Animal been trained to perform? Staff are not allowed to request any specific documentation about the reasons behind the request for a Service Animal, require that the Service Animal demonstrate its task, or inquire about the nature of the person s disability. The University cannot require documentation, such as proof that the Service Animal has been certified, trained, or licensed as a Service Animal. Generally, the University may not make any inquiries about a Service Animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability). Specific questions related to the use of Service Animals on the Southeast campus by visitors can be directed to the Office of Disability Services via , ds@semo.edu, or phone Emergency Situations. In the event of an emergency, the Service Animal may become disoriented from the smell of smoke in a fire of laboratory emergency, from sirens or wind noise, or from shaking and moving ground. The Handler may be confused in a stressful situation. Every effort will be made to keep the Service Animal with its Handler during this time. XI. Appeals Any person dissatisfied by a decision concerning a Service Animal may appeal through the Office of Disability Services. Page 6

7 XII. Agreements I have read and understand my responsibilities as a Service Animal handler as outlined above. Should I fail in my responsibilities, I understand my approved accommodation may be suspended and/or I may be found in-violation of student policies. By providing my signature below, I verify that I have read, understood and will abide by the guidelines outlined above. Service Animal Handler Southeast ID Date Name of Service Animal Animal (type) Breed Service Animal Emergency Contact Phone# If no one is identified or the listed individual(s) cannot be reached, the animal may be turned over to animal control or another local agency, at the student s expense. Office of Residence Life Date Office of Disability Services Date Page 7